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"Fair procedure"
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Procedural justice and the fair trail in contemporary Chinese criminal justice
This review examines the literature on procedural justice and the fair trial over the past two decades in the People's Republic of China. Part 1 gives a wide-angle view of the key political events and developments that have shaped the experience of procedural justice and the fair trial in contemporary China. It provides a storyline that explains the political environment in which these concepts have developed over time. Part 2 examines how scholars understand the legal structures of the criminal process in relation to China's political culture. Part 3 presents scholarly views on three enduring problems relating to the fair trial: a presumption of innocence, interrogational torture, and the role of lawyers in the criminal trial process. 0Procedural justice is a particularly pertinent issue today in China, because Xi Jinping's yifa zhiguo (governing the nation in accordance with the law) governance platform seeks to embed a greater appreciation for procedural justice in criminal justice decision-making, to correct a politico-legal tradition overwhelmingly focused on substantive justice. Overall, the literature reviewed in this article points to the serious limitations in overcoming the politico-legal barriers to justice reforms that remain intact in the system, despite nearly four decades of constant reform.
Book
Remarks on the Reasoning: The Morals of a Hungarian Expulsion Decision in Times of Pandemic
Several Iranian university students were expelled from Hungary to Iran due to their (allegedly) unlawful behaviour during their quarantine period at the outburst of the Covid-19 pandemic on grounds of being a threat to public policy and public security. The case reveals a worrisome practice in the reasoning of expulsion decisions, irrespective of the pandemic. By analysing a judgment on the review of an administrative decision on expulsion, the article explores the normative circumstances of the legal institutions appearing in the case. By comparing international, European Union, and Hungarian constitutional practice, the study reveals a controversial legal practice. It not only evaluates the case, but draws attention to the role, quality, and legal significance of reasoning of administrative acts which lately, with a quickly changing legislation, seems to be forgotten.
Journal Article
A fair procedure in a marriage market
We propose a new algorithm in the two-sided marriage market wherein both sides of the market propose in each round. The algorithm always yields a stable matching. Moreover, the outcome is a Rawlsian stable matching if the number of men and women is equal. Lastly, the algorithm can be computed in polynomial time and, from a practical standpoint, can be used in markets where fairness considerations are important.
Journal Article
Fair Procedures: Evidence from Games Involving Lotteries
Procedures are the area where fairness arguably has its largest influence on modern societies. The experiments we report provide an initial characterisation of that influence and suggest new interpretations for some well-known results. We find that procedural fairness is conceptually distinct from allocation fairness, although the evidence also indicates that the two are linked in important ways. Post hoc extension of one of the current models of fairness illustrates this link and implies that a deeper understanding of procedural fairness will require investigation of competing fairness norms.
Journal Article
Confucian perfectionism
Since the very beginning, Confucianism has been troubled by a serious gap between its political ideals and the reality of societal circumstances. Contemporary Confucians must develop a viable method of governance that can retain the spirit of the Confucian ideal while tackling problems arising from nonideal modern situations. The best way to meet this challenge, Joseph Chan argues, is to adopt liberal democratic institutions that are shaped by the Confucian conception of the good rather than the liberal conception of the right.
Confucian Perfectionism examines and reconstructs both Confucian political thought and liberal democratic institutions, blending them to form a new Confucian political philosophy. Chan decouples liberal democratic institutions from their popular liberal philosophical foundations in fundamental moral rights, such as popular sovereignty, political equality, and individual sovereignty. Instead, he grounds them on Confucian principles and redefines their roles and functions, thus mixing Confucianism with liberal democratic institutions in a way that strengthens both. Then he explores the implications of this new yet traditional political philosophy for fundamental issues in modern politics, including authority, democracy, human rights, civil liberties, and social justice.
Confucian Perfectionism critically reconfigures the Confucian political philosophy of the classical period for the contemporary era.
eBook
Democratic authority
Democracy is not naturally plausible. Why turn such important matters over to masses of people who have no expertise? Many theories of democracy answer by appealing to the intrinsic value of democratic procedure, leaving aside whether it makes good decisions. In Democratic Authority, David Estlund offers a groundbreaking alternative based on the idea that democratic authority and legitimacy must depend partly on democracy's tendency to make good decisions. Just as with verdicts in jury trials, Estlund argues, the authority and legitimacy of a political decision does not depend on the particular decision being good or correct. But the \"epistemic value\" of the procedure--the degree to which it can generally be accepted as tending toward a good decision--is nevertheless crucial. Yet if good decisions were all that mattered, one might wonder why those who know best shouldn't simply rule.
eBook
Why people cooperate
Any organization's success depends upon the voluntary cooperation of its members. But what motivates people to cooperate? In Why People Cooperate, Tom Tyler challenges the decades-old notion that individuals within groups are primarily motivated by their self-interest. Instead, he demonstrates that human behaviors are influenced by shared attitudes, values, and identities that reflect social connections rather than material interests.
eBook
THE RATIONALE FOR THE OBLIGATION TO PROVIDE REASONS FOR ADMINISTRATIVE DECISIONS
An examination of recent judicial decisions in this jurisdiction shows that there is an inexorable trend towards requiring decision-makers entrusted with statutory discretionary powers to provide reasons for their decisions. This article examines the different underlying rationales for the obligation to provide reasons for decisions exercised pursuant to statutory discretionary powers. While fairness is viewed as a significant touchstone in this regard, the concept is formulated more in terms of fairness towards the individual affected by a decision rather than being based on broader rule of law considerations. The greater focus on vindicating the rights of individuals in this context is understandable given the rights-based focus to the concept of procedural fairness in this jurisdiction.
Journal Article
Lawyers and fidelity to law
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike.
eBook
NORMATIVNA I PRAKTIČNA RAZMATRANJA ZABRANE REFORMATIO IN PEIUS U KAZNENOM POSTUPKU
Zabrana reformatio in peius neizostavna je komponenta vladavine prava, koja počiva na postulatu pravednosti kažnjavanja u obliku jamstva okrivljeniku da žalba podnesena samo u njegovu korist neće rezultirati donošenjem presude na njegovu štetu, odnosno strožom osudom od one na koju je žalba izjavljena. Učinak zabrane dalekosežan je i prema- šuje okvire pravomoćnosti odluke budući da zabrana reformatio in peius nakon uspostave vrijedi i nakon pravomoćnosti odluke u postupku u povodu izvanrednih pravnih lijekova izjavljenih u korist osuðenika, sve do konačnosti odluke. Iako iz teksta samog zakona proizlazi da se zabrana reformatio in peius aktivira podnošenjem pravnog lijeka samo u korist okrivljenika, razvidno je da zabrana nastupa u situaciji kada se državni odvjetnik uopće nije žalio na presudu ili se nije žalio u odreðenom smjeru (premda je uložio žalbu protiv presude). U pravnoj teoriji i sudskoj praksi nesuglasje izaziva opseg primjene zabrane reformatio in peius u žalbenom postupku. Autorice u radu analiziraju normativno ureðenje zabrane reformatio in peius u Republici Hrvatskoj, kao i sudsku praksu, napose županijskih sudova, Visokog kaznenog suda Republike Hrvatske i Vrhovnog suda Republike Hrvatske, u cilju pronalaženja odgovora na dvojbene situacije koje se pojavljuju u praksi sudova.
Journal Article